HQ 0732392 - Country of origin marking of dust pan and brush set - United States International Trade Commision Rulings

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HQ 732392
August 4, 1989

MAR-2-05 CO:R:C:V KG 732392

CATEGORY: MARKING

David E. Katzman
Advance Brokers, Ltd.
201 Sumner Street
East Boston, Massachusetts 02128

RE: Country of origin marking of dust pan and brush set

Dear Mr. Katzman:

This is in response to your May 9, 1989, letter requesting a ruling regarding the country of origin marking of a plastic dust pan and brush set imported from Italy.

FACTS:

The pieces imported in bulk from Italy are: a dust pan, a brush head, two handle pieces and two tubes. The legend "Made in Italy" appears in the upper corner of the bottom of the dust pan. On the finished article, this marking can be seen only by lifting the set up awkwardly and looking very carefully at the bottom piece to find the marking. The brush head is also marked "Made in Italy". This marking is located on the outer edge of the side of the brush head that contains the bristles and can only be seen by turning the brush head at a particular angle. On the finished product, this marking faces inward and cannot be seen.

The importer assembles the various pieces into a finished product in the U.S. and attaches a large card. The front of the card contains a picture of a woman holding the product, the product line name, and a stamp and number indicating consumer testing of the product. The back of the card contains pictures of other products the company makes, an attestation by the president of the company that the products are consumer tested, and below all that, the name of the company, a U.S. address and the legend "Made in Italy". The importer would like to add a line below the "Made in Italy" legend that says "Assembled and packaged in U.S.A."

ISSUE:

What is the country of origin marking required by 19 U.S.C. 1304 for this imported dust pan and brush set.

LAW AND ANALYSIS:

Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Congressional intent in enacting 19 U.S.C. 1304 was "that the ultimate purchaser should be able to know by an inspection of the marking on the imported goods the country of which the goods is the product. The evident purpose is to mark the goods so that at the time of purchase the ultimate purchaser may, by knowing where the goods were produced, be able to buy or refuse to buy them, if such marking should influence his will." United States v. Friedlaender & Co., 27 C.C.P.A. 297 at 302 (1940).

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41, Customs Regulations (19 CFR 134.41), requires that the ultimate purchaser in the U.S. be able to find the marking easily and read it without strain.

After careful examination of the dust pan and brush set, we are of the opinion that the marking of the dust pan head and the dust pan itself would not satisfy 19 CFR 134.41. The ultimate purchaser should not have to search for the country of origin marking. However, since the assembled product is received by the ultimate purchaser attached to a card which contains a country of origin marking, the question presented is whether the card satisfies 19 U.S.C. 1304 and 19 CFR 134.41.

Although the card is marked on the back, the country of origin marking is just below the U.S. address and printed in black ink of the same print size as the U.S. address. Therefore, the country of origin marking satisfies 19 CFR 134.41. Further, the positioning of the country of origin marking just below the U.S. address satisfies section 134.46, Customs Regulations (19 CFR 134.46), which requires that when the name of any city or locality in the U.S., other than the name of the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in,""Product of," or other words of similar meaning.

The question presented by the importer as to whether the legend "Assembled and packaged in U.S.A." can be added below the country of origin marking is not in the jurisdiction of Customs and must be referred to the Federal Trade Commission at 6th and Pennsylvania Avenue, N.W., Washington, D.C. 20580.

HOLDING:

The card attached to the submitted dust pan and brush set satisfies 19 U.S.C. 1304, 19 CFR 134.41 and 19 CFR 134.46.

Sincerely,

Marvin M. Amernick
Chief, Value, Special Programs

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